HomeMy WebLinkAboutOrdinance 6745 I IOIIII IIIIII IH II I IIIII IIIII IIIII IIIII IIIII IllhI II IIIII IIIII II IJ H I IIO
: Doc ID: 021596530003 Type: EL
Kind: ORDINANCE
Recorded: 05/24/2024 at 01:41:23 PM
::,••.. Fee Amt: $25.00 Pape 1 of 3
�"� Washington County, AR
QRRaNS,� Kyle Sylvester Circuit Clerk
113 West Mountain Street File2024-00012729
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6745
File Number: 2024-22
REZONING-2024-0012: (2002 AND 2008 E. HUNTSVILLE RD./TAPROOT INVESTMENT PARTNERS,
565):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-012 FOR
APPROXIMATELY 0.51 ACRES LOCATED AT 2002 AND 2008 EAST HUNTSVILLE ROAD IN WARD 1
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE-URBAN AND NS-G,NEIGHBORHOOD SERVICES-GENERAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single-Family, Four Units per Acre to RI-U, Residential
Intermediate-Urban and NS-G,Neighborhood Services-General.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on May 7,2024
Approv: : Attest: �g1111u11111
• `� `�RK T/4 ,,.
k FA • �'
i'lone d Jordan, . r Kara Paxton,City Cler Treasurer — . VIL i L;
Iwo
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 12.3
Page 1
CS
RI-12
P-1
C-2
R-A
NS-L
I-2
C-1
NS-G
RSF-8
RMF-24 RI-U
RSF-4
NC
Proposed
NS-G
Proposed
RI-U
RA
Y
A
V
E
DO
C
K
E
R
Y
L
N
J
E
R
R
Y
A
V
E
FAIRLANE ST
CH
E
R
R
Y
L
N
LEE ST
HUNTSVILLE RD
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0012 2008 E. HUNTSVILLE RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NS-G
RI-U
RMF-24
RSF-4
0.3
0.3
0.0
0.0
Total 0.6 ac1:2,400
Current
0.0
0.0
0.0
0.5
Legal Descriptions:
Parcel 765-15221-010: 2002 E Huntsville Rd., 2008 E Huntsville Rd.
Zoning: NS-G
Extended Legal:
PT NE NW 0.264 AC FURTHER DESCRIBED FROM 2022-15024 AS: A PART OF THE NE/4 OF THE
NW/4 OF SECTlON TWENTY-THREE (23) TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)
WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S02°57'18"W 301.18 THENCE
N86°25'36"W 223.00' TO A FOUND 5/8'' REBAR.; THENCE S02°57'18"W 101.88' TO A SET 5/8"
CAPPED REBAR TAGGED 01659 & 1829" SAID POlNT BEING THE TRUE POINT OF BEGINNING;
THENCE S02°57'18"W 111.24' TO A FOUND l/2"CAPPED REBAR TAGGED "1005" LOCATED ON
THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY l6E; THENCE LEAVING SAID RIGHT-OF-WAY
N79°35'34"W 1611' TO A FOUND COTION PICKER SPINDLE; THENCE N77°42'41"W 68.28';
THENCE S07°08'48"W 4.47'; THENCE N82°52'54"W 25.90; THENCE N06°56'48"E 7.74' TO A
FOUND 1 /2. CAPPED REBAR TAGGED "1005" ; THENCE N75"42'00"W 2.57' TO THE EAST RIGHT-
OF-WAY LINE OF DOCKERY LANE; THENCE ALONG SAID RIGHT-OF-WAY N05°20'36"E 94.15' TO A
SET 5/8" CAPPED REBAR TAGGED "1659 & 1829";THENCE LEAVING SAID RIGHT-OF-WAY S
86°10'16"E 107.57'TOTHE POINT OF BEGlNNING CONTAlNlNG 0.264 ACRES MORE OR LESS.
Parcel 765-15221-011: S Dockery Lane
Zoning: RI-U
Extended Legal:
PT NE NW 0.253 AC FURTHER DESCRIBED FROM 2022-15023 AS: A PART OF THE NE/4 OF THE
NW/4 OF SECTION TWENTY-THREE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THlRTY (30)
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NQRTHEAST CORNER OF SAID 40 ACRE TRACT; THENCE S02°57'18"W
301.18'; THENCE N86°25'36"W 223.00' TO A FOUND 5/8" REBAR BEING THE TRUE POINT OF
BEGlNN1NG; THENCE S02°57'18"W 101.88'.THENCE N86°10'16"W 107.57 TO THE EAST RIGHT
QF WAY LINE OF DOCKERY LANE; THENCE ALONG SAID RIGHT OF WAY N03°37'33"E 104.08 TO A
FOUND 1/2" CAPPED REBAR TAGGED "1005°; THENCE LEAVING SAID RIGHT OF WAY S84°58'38"E
106.41' TO THE POINT OF BEGINNING CONTAINING 0.253 ACRES MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
05/24/2024 01:41:23 PM
and recorded in Real Estate
File Number 2024-00012729
Kyle Sylvester- Circuit Clerk
by
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-22
MEETING OF MAY 7, 2024
TO: Mayor Jordan and City Council
THRU: Jessica Masters, Development Review Manager
Jonathan Curth, Development Services Director
Susan Norton, Chief of Staff
FROM: Kylee Cole, Planner
SUBJECT: RZN-2024-0012: Rezoning (2002 and 2008 E. HUNTSVILLE RD./TAPROOT
INVESTMENT PARTNERS, 565): Submitted by TAPROOT INVESTMENT PARTNERS
for property located at 2002 and 2008 E. HUNTSVILLE RD in WARD 1. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 0.51 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE-URBAN and NS-G, NEIGHBORHOOD SERVICES-
GENERAL.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is in southeast Fayetteville approximately 0.18 miles east of the intersection of S. Happy
Hollow Rd. and E. Huntsville Rd. The property consists of two parcels. The northern parcel contains
approximately 0.25 acres and is undeveloped (parcel 765-15221-011). The southern parcel contains
approximately 0.26 acres and is developed with two single-family dwellings, constructed around 1916 and
1958 (parcel 765-15221-010). Both parcels are zoned RSF-4, Residential Single-Family, Four Units per Acre.
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, Four Units per
Acre to NS-G, Neighborhood Services – General (parcel 765-15221-010) and RI-U, Residential Intermediate –
Urban (parcel 765-15221-011).
Public Comment: To date, staff have received no public comment.
Land Use Compatibility: Staff finds the proposed rezoning from RSF-4 to NS-G and RI-U to be compatible with
the surrounding area. The subject property is adjacent to NS-G-zoned commercial property across S. Dockery
Ln. to the west and properties developed with single-family homes to the north, east, and south. A rezoning of
the southern parcel to NS-G would allow for the by-right development of single-family to four-family dwellings
with a density of up to eighteen units per acre and some by-right development of medium-intensity commercial
uses of no more than 8,000-square feet, sidewalk cafes, and home occupations. The property is located on a
corner and along a high-traffic street, an appropriate location for mixed-use development of medium intensity.
Both the proposed and existing RSF-4 zoning district have a stated building height maximum of three stories
though NS-G permits smaller lots and larger building areas. A rezoning of the northern parcel to RI-U would
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
allow for the by-right development of single-family to four-family dwellings with density limited by development
standards like parking and stormwater requirements. Despite differences between the proposed and existing
zoning districts, the small size of the northern parcel at .26 acres and a lot width of 105 feet will inherently limit
potential development. Accordingly, staff finds the requested rezoning to be compatible with surrounding land
uses and appropriately located to serve the surrounding neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City’s adopted land use
plans, including its Future Land Use Map designation as Residential Neighborhood area. A rezoning to NS-G
and RI-U could allow for the creation, or maintenance, of residential properties with reduced lot sizes and form-
based requirements while encouraging diversity of housing types. Staff finds that the requested rezoning could
allow for the creation of missing middle housing that meets City Goals 1: We Will Make Appropriate Infill and
Revitalization our Highest Priority and 6: We Will Create Opportunities for Attainable Housing. The proposal
also supports Goal 3: We Will Make Compact, Complete, and Connected Development the Standard through
opportunities for mixed-use development in urban form.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 7 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (6-inch main, S. Dockery Ln.)
• Near Water Main (6-inch main and 8-inch main, S. Dockery Ln.)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Doc Mashburn Park)
• Near Paved Trail (E. Huntsville Rd. Bike Lane)
• Near ORT Bus Stop (Happy Hollow & Fairlane)
DISCUSSION:
At the April 8, 2024 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a
recommendation of approval. Commissioner Garlock made the motion, which received a second from
Commission Brink. The commissioners cited future land use compatibility and staff recommendations as noted
in the report as reasons for approval. No public comment was provided at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-22
RZN-2024-0012: Rezoning (2002 and 2008 E. HUNTSVILLE RD./TAPROOT INVESTMENT
PARTNERS, 565): Submitted by TAPROOT INVESTMENT PARTNERS for property located at
2002 and 2008 E. HUNTSVILLE RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.51 acres. The
request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN and NS-G,
NEIGHBORHOOD SERVICES-GENERAL.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-012 FOR APPROXIMATELY 0.51 ACRES LOCATED AT 2002 AND 2008 EAST
HUNTSVILLE ROAD IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN AND NS-G, NEIGHBORHOOD
SERVICES-GENERAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from RSF-4, Residential Single-Family, Four
Units per Acre to RI-U, Residential Intermediate-Urban and NS-G, Neighborhood Services-General.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
4/19/2024
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-22
Item ID
5/7/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0012: Rezoning (2002 and 2008 E. HUNTSVILLE RD./TAPROOT INVESTMENT PARTNERS, 565): Submitted
by TAPROOT INVESTMENT PARTNERS for property located at 2002 and 2008 E. HUNTSVILLE RD in WARD 1. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.51
acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN and NS-G,
NEIGHBORHOOD SERVICES-GENERAL.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Kylee Cole, Planner
MEETING DATE: April 8, 2024
SUBJECT: RZN-2024-0012: Rezoning (2002 and 2008 E. HUNTSVILLE
RD./TAPROOT INVESTMENT PARTNERS, 565): Submitted by
TAPROOT INVESTMENT PARTNERS for property located at 2002 and
2008 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately
0.51 acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE-URBAN and NS-G, NEIGHBORHOOD SERVICES-
GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0012 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0012 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in southeast Fayetteville approximately 0.18 miles east of the intersection
of S. Happy Hollow Rd. and E. Huntsville Rd. The property consists of two parcels. The northern
parcel contains approximately 0.25 acres and is undeveloped (parcel 765-15221-011). The
southern parcel contains approximately 0.26 acres and is developed with two single-family
dwellings, constructed around 1916 and 1958 (parcel 765-15221-010). Both parcels are zoned
RSF-4, Residential Single-Family, Four Units per Acre. Surrounding land uses and zoning are
listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Single-Family Residential RMF-24, Residential Multi-Family, 24 Units per Acre
South Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
East Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
West Commercial; Two-Family Residential NS-G, Neighborhood Services - General
Request: The request is to rezone the subject property from RSF-4, Residential Single-Family,
Four Units per Acre to NS-G, Neighborhood Services – General (parcel 765-15221-010) and RI-
U, Residential Intermediate – Urban (parcel 765-15221-011).
Public Comment: To date, staff has received no public comment.
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 1 of 15
INFRASTRUCTURE:
Streets: The subject property has frontage along South Dockery Lane and East Huntsville
Road. South Dockery Lane is a partially improved Residential Link Street with
asphalt paving and open ditches. East Huntsville Road is a partially improved
Regional Link – High Activity Street with asphalt paving with open ditches. Any
street improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing 8-inch water main is
present on the west side of South Dockery Lane. An existing 6-inch water main is
present on the east side of South Dockery Lane. An existing 12-inch water main is
present on the south side of East Huntsville Road.
Sewer: Public sanitary sewer is available to the subject property. An existing 6-inch sewer
main is present on the west side of South Dockery Lane.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams or hydric soils are
present. Any improvements or requirements for drainage would be determined at
the time of development submittal.
Fire: Station 3, located at 1050 Happy Hollow Road, protects this site. The property is
located approximately 0.30 miles from the fire station with an anticipated drive time
of approximately one minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning districts of NS-G, Neighborhood Services – General and RI-
U, Residential Intermediate - Urban, requires 20% and 15% minimum canopy
preservation, respectively. The current zoning district of RSF-4, Residential
Single-Family, Four Units per Acre, requires 25% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low-intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 2 of 15
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 7 for
this site with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (6-inch main, S. Dockery Ln.)
• Near Water Main (6-inch main and 8-inch main, S. Dockery Ln.)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Doc Mashburn Park)
• Near Paved Trail (E. Huntsville Rd. Bike Lane)
• Near ORT Bus Stop (Happy Hollow & Fairlane)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed rezoning from RSF-4 to NS-
G and RI-U to be compatible with the surrounding area. The subject property
is adjacent to NS-G-zoned commercial property across S. Dockery Ln. to
the west and properties developed with single -family homes to the north,
east, and south. A rezoning of the southern parcel to NS-G would allow for
the by-right development of single-family to four-family dwellings with a
density of up to eighteen units per acre and some by-right development of
medium-intensity commercial uses like general business, sidewalk cafes,
and home occupations. The property is located on a corner and along a
high-traffic street, an appropriate location for mixed -use development of
medium intensity. Both RSF-4 and NS-G have a stated building height
maximum of three stories though NS-G permits smaller lots and larger
building areas. A rezoning of the northern parcel to RI -U would allow for
the by-right development of single-family to four-family dwellings with no
density limit. Despite this change from the RSF -4 density of four units per
acre, the small size of the northern parcel at .26 acres and a lot width of 105
feet will limit potential development to some extent. Both RSF-4 and RI-U
have a stated building height maximum of three stories though RI -U
permits smaller lots and larger building areas. Staff finds the requested
rezoning to be compatible with surrounding land uses and appropriately
located to serve the surrounding neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the City’s adopted land use plans, including its Future Land Use Map
designation as Residential Neighborhood area. A rezoning to NS-G and RI-U
could allow for the creation, or maintenance, of residential properties with
reduced lot sizes and form-based requirements while encouraging diversity
of housing types. Staff finds that the requested rezoning could allow for the
creation of missing middle housing that meets City Goals 1: We Will Make
Appropriate Infill and Revitalization our Highest Priority and 6: We Will
Create Opportunities for Attainable Housing. The proposal also supports
Goal 3: We Will Make Compact, Complete, and Connected Development the
Standard through opportunities for mixed-use development in urban form.
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 3 of 15
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification to rezone the property from
RSF-4 to NS-G and RI-U since the proposed rezoning would be consistent
with the property’s future land use designation and supports several goals
of City Plan 2040.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RSF-4 to NS-G and RI-U has the potential to increase traffic
at this location when considering that NS-G and RI-U would allow for
development at a greater density than the existing RSF-4 zoning. However,
staff finds that any impacts associated with future development are likely to
be limited since the subject property is relatively small and has frontage
along a Residential Link Street and Regional Link – High Activity Street. Staff
also finds that increased traffic danger and congestion could be off-set by
the property’s proximity to a public trail and ORT bus stop.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed rezoning has the potential to alter the population density since
it would allow for increased residential development. However, the property
currently has access to public streets, water, and sewer, and any necessary
improvements would be determined at the time of development. Fayetteville
Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0012 to City
Council with a recommendation of approval.
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 4 of 15
PLANNING COMMISSION ACTION: Required YES
Date: April 8, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.07 District RSF-4, Residential Single-Family, Four (4) Units Per Acre
o §161.12 – District RI-U, Residential Intermediate - Urban
o §161.19 District NS-G, Neighborhood Services - General
• Request Letter
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 5 of 15
161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre 4 or less 7 or less
(D) Bulk and Area Regulations.
Single-family
dwellings
Two (2) family
dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
Hillside Overlay
District Lot
minimum width
60 feet 70 feet
Hillside Overlay
District Lot
area minimum
8,000 square feet 12,000 square feet
Land area per
dwelling unit
8,000 square feet 6,000 square feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 6 of 15
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such
lot. Accessory ground mounted solar energy systems shall not be considered buildings.
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster housing development
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 12a Limited business
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front Side Other
Uses
Side Single
& Two (2)
Family
Rear Other
Uses
Rear, from
centerline of
an alley
A build-to zone that is
located between the front
property, line and a line 25
feet from the front property
line.
None 5 feet 5 feet 12 feet
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 7 of 15
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
161.19 NS-G, Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood
development form with sustainable and complementary neighborhood businesses that are compatible in scale,
aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the
Neighborhood Services district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12b General business
Unit 24 Home occupations
Unit 40 Sidewalk cafes
Unit 41 Accessory dwelling units
Unit 44 Cluster housing development
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating places
Unit 16 Shopping goods
Unit 19 Commercial recreation, small sites
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 36 Wireless communication facilities
Unit 45 Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 35 feet
All other uses None
(2) Lot Area Minimum.
Single-family 4,000 square feet
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 8 of 15
Two (2) family or more 3,000 square feet per dwelling
unit
All other uses None
(E) Setback regulations.
Front Side Side-Zero Lot Line* Rear Rear when contiguous to
a single-family residential
district
A build-to zone that is
located between the front
property line and a line 25
feet from the front
property line.
5 feet A setback of less than 5
feet (zero lot line) is
permitted on one interior
side, provided a
maintenance agreement
is filed**. The remaining
side setback(s) shall be
10 feet.
None 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 9 of 15
Erin Adkins-Oury
Owner
Taproot Investment Partners, LLC
1673 E. 5th St., FayeƩeville, AR 72701
taproot.inv.partners@gmail.com
479-601-6294
26 February 2024
FayeƩeville Planning Department
City of FayeƩeville
113 W. Mountain St.
FayeƩeville, AR 72701
Re: Rezoning Request for Parcels 765-15221-010 and 765-15221-011
I am wriƟng to formally submit a rezoning request on behalf of Taproot Investment Partners, LLC. My request
pertains to two adjacent properƟes located on the NE Corner of E. Huntsville Rd and S. Dockery Ln, idenƟfied
as Parcel 765-15221-010 and Parcel 765-15221-011, respecƟvely.
Parcel 765-15221-010: 2002 E Huntsville Rd., 2008 E Huntsville Rd.
- Complete legal descripƟon provided separately.
- 0.264 acres
- Current zoning: RS-4
- Requested zoning: NS-G
Current Adjacencies:
- North: RSF-4 (seeking rezone to RI-U under this same applicaƟon) - Undeveloped
- South: State Hwy ROW - Huntsville Rd/ ADOT Hwy 16
- East: RSF-4 - Single-Family
- West: NS-G - Commercial Service (Spa)
Statement of CompaƟbility:
The parcel is immediately adjacent to and shares an intersecƟon with another NS-G zoned parcel. The future
land use for the parcel is “ResidenƟal Neighborhood,” which is also compaƟble with neighborhood services
zoning. The current development of the parcel consists of two residenƟal structures, 67 and 107 years old,
recently completely renovated and serving as aƩainable rental housing. The property owner's intenƟon is not
to redevelop this parcel at this Ɵme, but rather to have flexibility in how the exisƟng structures may be used
during their remaining lifecycle. The requested zoning would allow for service-oriented uses or development
if needed in the future.
Statement of Adverse Effect or Conflict with Surrounding Land Uses:
The permiƩed uses in NS-G zoning are similar to those permiƩed elsewhere throughout the exisƟng
neighborhood, with the excepƟon of adding general business and sidewalk cafes to the permiƩed uses. These
addiƟonal potenƟal uses would be a value-add to the surrounding residenƟal land use types.
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 10 of 15
Parcel 765-15221-011: S Dockery Lane
- Complete legal descripƟon provided separately.
- 0.253 acres
- Current zoning: RS-4
- Requested zoning: RI-U
Current Adjacencies:
- North: RMF-24 - Single-Family Home on a mulƟ-family parcel.
- South: RSF-4 (seeking rezone to NS-G under this same applicaƟon) - Two single-family homes on a
single parcel.
- East: RSF-4 - Single-Family Home
- Northeast: RI-U - Undeveloped
- West: NS-G & RSF-4 - Commercial Service (Spa) & Two-family home
Statement of CompaƟbility:
The parcel is located immediately adjacent to parcels zoned to higher intensity than that which is being
requested. Of the 28 units of potenƟal residenƟal housing currently developed on parcels on Dockery Lane,
only 4 are single-family homes constructed on RSF-4 zoned parcels. AddiƟonally, the majority of the housing
in this area, including Dockery Lane and surrounding neighborhoods, is for-rent housing that is not owner-
occupied.
Statement of Adverse Effect or Conflict with Surrounding Land Uses:
One of the commonly brought up adverse effects of denser housing is an increase in traffic. However, due to
the road terminaƟng into FayeƩeville Public School property with no opportunity for extension, the lack of
remaining development parcels on Dockery Lane, and the parcel’s proximity to the exit onto ARDOT Highway
16, the potenƟal for four addiƟonal units that RI-U zoning would permit would have liƩle impact on overall
traffic paƩerns for Dockery Lane.
See AddiƟonal Exhibits:
- Survey/ Lot Line Adjustment by Blew & Associates, PA, recorded 02/11/2022
- Future Land Use Map
- Zoning Map
- Parcel Map
- Extended Legal DescripƟons
- Consent of Owner Form
- Proof of EnƟty Management
I appreciate your aƩenƟon to this maƩer and look forward to discussing the rezoning request further. If
addiƟonal informaƟon or clarificaƟon is needed, please do not hesitate to contact me. Thank you for your
Ɵme and consideraƟon.
Erin Adkins-Oury
Owner
Taproot Investment Partnerships, LLC
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 11 of 15
I-1
I-2
RMF-24
R-O
CS
C-2
RPZD
P-1
MSC
R-A
C-1
RSF-8
RSF-4
RI-U
NC
A
R
M
S
T
R
O
N
G
A
V
E
CR
O
S
S
O
V
E
R
R
D
WYMAN RD
H U N T S V I L L E R D
STONE
BRIDGE
R
D
HAPPY
HOLLOW
RD
15TH
S
T
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2024-0012 2008 E. HUNTSVILLE RD N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 12 of 15
CS
RI-12
P-1
C-2
R-A
NS-L
I-2
C-1
NS-G
RSF-8
RMF-24 RI-U
RSF-4
NC
Proposed
NS-G
Proposed
RI-U
RA
Y
A
V
E
DO
C
K
E
R
Y
L
N
J
E
R
R
Y
A
V
E
FAIRLANE ST
CH
E
R
R
Y
L
N
LEE ST
HUNTSVILLE RD
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0012 2008 E. HUNTSVILLE RD
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NS-G
RI-U
RMF-24
RSF-4
0.3
0.3
0.0
0.0
Total 0.6 ac1:2,400
Current
0.0
0.0
0.0
0.5
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 13 of 15
HAPPY
HOLLOW
RD
RA
Y
A
V
E
HUNTSVILLE RD
HAPPY
HOLLO W R D
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2024-0012 2008 E. HUNTSVILLE RD N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential
and Undeveloped
Undeveloped
Commercial
Single-Family Residential
1:3,600
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 14 of 15
City
Neighborhood
Civic
Institutional
Industrial
Natural
Residential
Neighborhood
A
R
M
S
T
R
O
N
G
A
V
E
CROSSOVER
RD
WYMAN RD
HUNT SV I L L E R D
STON
E
BRIDGE
R
D
HAPPY
HOLLOW
RD
15TH ST
Neighborhood Link
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2024-0012 2008 E. HUNTSVILLE RD N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
April 8, 2024
RZN-2024-0012 (TAPROOT INVESTMENT PARTNERS)
Page 15 of 15
Form v1.46
media
NVN
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72701 MAY 1 4 2024
Ad number#: 402258
CITY OF FAYETTEVILLE
PO #: CITY CLERKS OFFICE
Matter of: ORD 6745
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6745
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$103.36.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/12/24;NWA nwaonline.com 05/12/24
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of May,2024 4.4Z,, CATHERINE STAGGS
.f°' .1 MY COMMISSION•12402772
+�( � ' \ EXPIRES:February 28,2025
�►^ Washington County
1 I'
NOTARY PUBLIC
Ordinance:6745
File Number: 2024-22
REZONING-2024-0012:(2002
AND 2008 E. HUNTSVILLE
RD./TAPROOT INVESTMENT
PARTNERS,565):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
012 FOR APPROXIMATELY 0.51
ACRES LOCATED AT 2002 AND
2008 EAST HUNTSVILLE ROAD
IN WARD 1 FROM RSF-4,RESI-
DENTIAL SINGLE-FAMILY,FOUR
UNITS PER ACRE TO RI-U,RESI-
DENTIAL INTERMEDIATE-URBAN
AND NS-G, NEIGHBORHOOD
SERVICES-GENERAL
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from RSF-4,Residential
Single-Family, Four Units per
Acre to RI-U.Residential Inter-
mediate-Urban and NS-G,
Neighborhood Services-Gen-
eral.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
May 7,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:S103.36
May 12,2024 402258